A trial judge is not obliged to give a direction on the accused's right to silence where the Crown has not suggested the exercise of that right can be used against the accused, and trial counsel has not sought such a direction. The absence of a Mahmood direction regarding uncalled Crown witnesses may operate to the benefit of the accused. The assessment of objective seriousness is quintessentially for the sentencing judge and will not be disturbed on appeal where the judge has taken into account relevant mitigating factors including provocation and absence of premeditation.
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